CHARAN LAL SAHU ETC. ETC. versus UNION OF INDIA AND ORS.

CHARAN LAL SAHU ETC. ETC. versus UNION OF INDIA AND ORS.

The Bhopal Gas Leak Disaster (Processing of claims) Act, 1985 is constitutionally valid. The Central Government may act as parens patriae for victims due to their disability in litigating against multinational corporations. The special procedure and settlement, though without notice, is justified by circumstances and approved by the Supreme Court. Principles of natural justice are not fully breached given opportunities for victims to be heard in ongoing proceedings. The statutory differentiation of victims satisfies Article 14. The Act is not invalid due to potential misuse if its operative provisions are reasonable.

Parties
Petitioner: Charan Lal Sahu; Respondent: Union of India; Respondent: Union Carbide Corporation (UCC); Respondent: Union Carbide (India) Ltd. (UCIL)
Jurisdiction
India
Judgment Date
22 December 1989
Procedural Posture
Writ Petition / Final Decision at Supreme Court
Outcome
Petitions disposed of
Legal Topics
Constitutional Validity, Natural Justice, Parens Patriae, Industrial Disaster Liability, Procedural Due Process
Constitutional Law Torts Administrative Law Constitutional Validity Natural Justice Parens Patriae Industrial Disaster Liability Procedural Due Process

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Parties

Charan Lal Sahu

Petitioner

Union of India

Respondent

Union Carbide Corporation (UCC)

Respondent

Union Carbide (India) Ltd. (UCIL)

Respondent

Procedural Posture

Writ Petition / Final Decision at Supreme Court

Legal Issues

  1. 1 Constitutional validity of Bhopal Gas Leak Disaster (Processing of claims) Act, 1985
  2. 2 Violation of fundamental rights under Articles 14, 19, and 21
  3. 3 Principles of natural justice

Ratio Decidendi

The Bhopal Gas Leak Disaster (Processing of claims) Act, 1985 is constitutionally valid. The Central Government may act as parens patriae for victims due to their disability in litigating against multinational corporations. The special procedure and settlement, though without notice, is justified by circumstances and approved by the Supreme Court. Principles of natural justice are not fully breached given opportunities for victims to be heard in ongoing proceedings. The statutory differentiation of victims satisfies Article 14. The Act is not invalid due to potential misuse if its operative provisions are reasonable.

Court Disposition

Petitions disposed of

Orders

  • Act held constitutionally valid
  • Settlement not set aside; review petition pending